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october 2012

Supreme Court of India · 2012-10-01

MANHARIBHAI MULJIBHAI KAKADIA vs SHAILESHBHAI MOHANBHAI PATEL .

Citation / case number
SC 2005/24274
Court
Supreme Court of India
Petitioner
MANHARIBHAI MULJIBHAI KAKADIA
Respondent
SHAILESHBHAI MOHANBHAI PATEL .
Author
R.M. Lodha
Bench
R.M. LODHA,CHANDRAMAULI KR. PRASAD,SUDHANSU JYOTI MUKHOPADHAYA

Judgment text excerpt

The Supreme Court held that under Section 401(2) of the Criminal Procedure Code, 1973, a suspect is entitled to be heard in a revision application filed by the complainant challenging the dismissal of a complaint under Section 203. The Court emphasized that no order should be made to the prejudice of the accused without giving them an opportunity to be heard. Consequently, the appeal was allowed, and the order of the Gujarat High Court dismissing the appellants' application to be heard was set aside.

MANHARIBHAI MULJIBHAI KAKADIA vs SHAILESHBHAI MOHANBHAI PATEL . · Niyam